N.D. Sup. Ct. Admin. R. 20Adopted effective July 1, 2007

Section 1. Authority. In accordance with Article VI, Section 3, North Dakota Constitution, and N.D.C.C. § 27-05-31, the Supreme Court adopts the following administrative rule relating to magistrates appointed by a presiding judge.

Section 2. Statement of Policy.

The North Dakota Judicial System’s policy is to provide for the qualifications, the extent and assignment of authority, and the conduct of the office of magistrate within the North Dakota Judicial System in each judicial district.

Section 3. Qualifications of Magistrates.

Minimum qualifications for magistrates shall include:

(a) United States’ citizenship.

(b) Physical residence in the county of appointment after appointment unless physical residence is waived by the appointing and confirming authorities.

Section 4. Appointment.

The presiding judge of the judicial district may appoint a magistrate to serve at the pleasure of the presiding judge. A copy of an order appointing a magistrate and designating delegated duties or an order modifying delegated duties must be filed in the Office of the State Court Administrator within [ ] days of the date of the order. Magistrates may be paid a salary as determined by the Supreme Court.

Section 5. Scope of Delegable Duties.

(a) The presiding judge of the judicial district may delegate the following duties and authority
to a magistrate who has met the qualifications in Section 3:

(b) The duties delegated to each magistrate under this section must be reduced to writing and
signed by the presiding judge of the judicial district.

(c) The duties of a magistrate may be diminished by the presiding judge of the judicial district upon notice in writing to the magistrate.

Section 6. Geographical Jurisdiction.

Each magistrate has the geographical jurisdiction within the judicial district as assigned by the presiding judge of the judicial district, and is expected to maintain an office in conjunction with
a district judge.

Section 7. Alternate Magistrate.

The presiding judge of the judicial district may appoint an alternate magistrate in a county in which the presiding judge or another district judge does not reside. The alternate magistrate shall meet the qualifications of Section 3 and may be delegated duties under Section 5. The alternate magistrate shall serve as magistrate whenever the magistrate for the county is unavailable to fulfill the duties of magistrate.

Section 8. Vacancy.

The presiding judge of the judicial district may fill any vacancy in the office of magistrate or alternate magistrate under Section 4 and Section 7.

Section 9. Proceedings on the Record.

Proceedings must be heard on the record as in district court.

Section 10. Removal From Office.

A magistrate may be removed from the office of magistrate by the presiding judge of the judicial district upon notice in writing to the magistrate. The presiding judge shall notify the State Court Administrator of the removal.

Section 11. Standard of Conduct.

The Code of Judicial Conduct is the standard of conduct which shall be observed by each magistrate. The Judicial Conduct Commission has jurisdiction over the conduct of magistrates to the same extent as it has over other judges.

Section 12. Continuing Education.

(a) Each magistrate appointed under N.D.C.C. § 27-05-31, must attend a continuing education program every odd calendar year as provided by the Continuing Judicial Education Commission. The magistrate must be reimbursed for necessary expenses, travel, and subsistence by
the judicial system.

(b) If any magistrate fails to attend an educational session without being excused by the State
Court Administrator, the State Court Administrator shall report such fact to the presiding judge of the judicial district and to the Judicial Conduct Commission, for such action as it deems appropriate.